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KENCK v. STATE, CHILD SUPPORT ENFORCEMENT

No. DA 13-0174.

315 P.3d 957 (2013)

2013 MT 380

Christopher R. KENCK, Plaintiff and Appellant, v. STATE of Montana, CHILD SUPPORT ENFORCEMENT DIVISION and Lori Fleming, an individual, and John Does 1-5, Defendants and Appellees.

Supreme Court of Montana.

Decided December 31, 2013.

Attorney(s) appearing for the Case

For Appellant: J. Gregory Tomicich ; Tomicich Law Office; Billings, Montana.

For Appellees: Timothy C. Fox , Montana Attorney General; Thomas G. Bowe , Assistant Attorney General; Helena, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Christopher Kenck appeals the Order of the Thirteenth Judicial District Court dismissing his action against the State of Montana, Child Support Enforcement Division (CSED). We affirm and remand for further proceedings.

¶ 2 After years of complying with his monthly child support obligation, Kenck, who was serving in the U.S. military, agreed via counsel to an increase in his monthly support...

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